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Release Broader than Claims Payment

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Named Plaintiffs & Settlement Class Members v. Feldman (In re Apple Inc. Device Performance Litig.), Nos. 21-15758, 21-15761, 21-15762, 21-15763, 2022 U.S. App. LEXIS 27184 (9th Cir. Sep. 28, 2022)

The settlement released claims of all class members who had bought iPhones on which Apple software throttled performance to avoid overtaxing the battery, but the settlement fund was payable only to those class members who submitted an attestation that they had experienced the slowing of the iPhone's functions as a result of the throttling.  This decision holds that the settlement… Read More